Liquidated Damages in a puppy contract

[wansons]

New York
Is a liquidated damages clause enforceable in a puppy sale contract? The following clause is at the end of the puppy contract I have been asked to sign for a $900 puppy.

17. In the event the Purchaser breaches the terms of this contract, the Purchaser hereby agrees to pay to the Breeder the sum of $10,000.00 as liquidated damages to the breeder. Terms of this agreement are construed under the laws of the State of New York, and any disputes shall be deemed to have arisen in the town of LaGrange/LaGrangeville, New York. _________ Purchaser Initials

I have said I won't sign it with that clause but now a friend tells me she doesn't think it's enforceable because the fee is higher than the price of the dog. Doesn't that make in penal? And what damages are being caused to the breeder anyway?

 

[Mass_Shyster]

Liquidated damages are to be used when actual damages cannot be calculated at the time of the signing of the contract. They are specifically not intended to be punitive.

If the contract restricts the breeding of the animal then you could quite possibly harm the breeder by breeding his line of dog without his control. In that case, a $10,000 liquidated damages clause may be appropriate. How can you measure the damages done by a competing line of dogs?

If you're not happy with the terms of the contract, don't sign it.

I would prefer you rescue a puppy rather than support a potential puppy mill.